California Penal Code 488 defines petty theft as any theft that doesn’t qualify as grand theft, which in practice means taking property worth $950 or less. It’s normally a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both. The statute itself is a single sentence, but the consequences reach well past the criminal fine: civil demand letters from retailers, immigration exposure for noncitizens, licensing board problems, and, since November 2024, felony risk for anyone with prior theft convictions.
What the Statute Actually Covers
Penal Code 488 reads, in full: “Theft in other cases is petty theft.”1California Legislative Information. California Code Penal Code 488 – Theft in Other Cases It works by exclusion. If the theft isn’t grand theft under Penal Code 487, it’s petty theft under 488.
The $950 cutoff everyone references actually sits in Penal Code 487, which defines grand theft as taking property worth more than that amount.2California Legislative Information. California Code Penal Code 487 – Grand Theft Penal Code 490.2, added by Proposition 47 in 2014, confirms that any theft at or below $950 is petty theft and a misdemeanor.3California Legislative Information. California Code Penal Code 490.2 – Obtaining Property by Theft A few categories are grand theft no matter the value, including a stolen firearm, an automobile, or property taken directly off another person’s body.
The underlying definition of theft in Penal Code 484 is broad. It reaches straightforward taking, but also embezzlement, fraud, and obtaining property by false pretenses.4California Legislative Information. California Code PEN 484 – Theft Defined Any of these can be charged as petty theft when the value stays at $950 or below.
Shoplifting has its own statute. Penal Code 459.5 defines it as entering an open commercial business intending to steal property worth $950 or less, and if you’re charged under 459.5 the prosecution cannot also stack burglary or theft charges for the same conduct.5California Legislative Information. California Code Penal Code 459.5 – Shoplifting Before this statute existed, prosecutors routinely added commercial burglary to shoplifting cases.
Penalties for a First Offense
A standard first-time petty theft conviction carries up to six months in county jail, a fine of up to $1,000, or both. In practice, courts often grant informal probation in place of custody, particularly for a first offense. Probation can last up to three years and typically includes a theft-prevention class, community service, and restitution to the victim. Violating any condition can trigger a revocation hearing and a jail sentence.
The Infraction Option Under $50
When the property taken is worth $50 or less and you have no prior theft convictions, the prosecutor can choose to charge the case as an infraction instead of a misdemeanor. An infraction carries a maximum fine of $250, no jail, and no misdemeanor record.6California Legislative Information. California Code Penal Code 490.1 – Petty Theft Infraction Not every prosecutor offers it, but it’s worth raising if your case fits.
When Petty Theft Becomes a Felony
Proposition 36, passed in November 2024, substantially expanded felony exposure for repeat theft. The new Penal Code 666.1 allows petty theft or shoplifting to be charged as a felony when the defendant has two or more prior convictions for theft-related offenses. The qualifying priors include petty theft, grand theft, shoplifting, burglary, robbery, carjacking, receiving stolen property, identity theft, and vehicle theft. A conviction under 666.1 can bring up to one year in county jail or a state prison term.7California Secretary of State. Proposition 36 Text of Proposed Laws
Penal Code 666 remains on the books for defendants with prior serious or violent felonies, sex-offense registration requirements, or elder-abuse convictions.8California Legislative Information. California Code Penal Code 666 – Petty Theft With Prior
Combining the Value of Separate Thefts
Proposition 36 also added Penal Code 490.3, which lets prosecutors aggregate the value of property stolen across multiple incidents into a single charge.7California Secretary of State. Proposition 36 Text of Proposed Laws Each theft used to stand alone for valuation. Now, five separate $200 takings can be combined into one $1,000 charge, pushing the case over the $950 line into grand theft territory.
Group Theft Enhancement
When three or more people commit a theft or property-damage offense together, Proposition 36 allows a felony sentence to be extended by up to three additional years.9Legislative Analyst’s Office. Proposition 36 Ballot Analysis The provision was aimed at organized retail theft crews.
Civil Demand Letters From Retailers
The criminal case isn’t the only legal consequence of a shoplifting incident. Under Penal Code 490.5, a retailer can sue an adult shoplifter for civil damages of $50 to $500, plus the retail value of any merchandise not returned in sellable condition.10California Legislative Information. California Code Penal Code 490.5 – Civil Liability for Theft These demands are separate from any criminal fine or restitution. People often first learn about them when a letter from a loss-prevention law firm shows up weeks after the incident.
When the shoplifter is a minor, the retailer can pursue the same damages from a parent or guardian, capped at $500 per incident including merchandise value. The statute also authorizes retailers to detain someone they have probable cause to believe is shoplifting, for a reasonable time and in a reasonable manner, to investigate.10California Legislative Information. California Code Penal Code 490.5 – Civil Liability for Theft
Defenses That Actually Work
The strongest attack in most petty theft cases targets intent. California requires proof that you meant to permanently deprive the owner of the property. If you planned to return the item or genuinely believed you had a right to it, the prosecution’s case weakens. Disputes between roommates, family members, and business partners over shared property turn on this point more often than people expect.
Mistaken identity matters in retail cases built on grainy surveillance footage or a brief observation by a loss-prevention employee. Receipts, alibi evidence, or proof you weren’t in the store can undermine the identification.
Consent is a complete defense when the owner actually gave permission, but proving it usually takes a text, email, or witness. A verbal exchange with no one else around is hard to establish in court.
Necessity exists as a defense but rarely succeeds. It requires showing you had no reasonable alternative and that the harm you avoided outweighed the theft. Courts set the bar high.
Immigration Risk for Noncitizens
Theft offenses are generally treated as crimes involving moral turpitude under federal immigration law, which can trigger inadmissibility or deportation. California petty theft usually falls within the “petty offense exception,” but only when three conditions are all met: it’s your only such offense, the maximum possible sentence doesn’t exceed one year, and you weren’t actually sentenced to more than six months.11Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
A clean first-time California petty theft, with its six-month maximum, generally fits the exception. A second theft conviction eliminates it entirely, and an enhanced sentence under PC 666 or the new PC 666.1 can push the punishment past the limits. If you are not a U.S. citizen and face a petty theft charge, talk to an immigration attorney before entering any plea.
Clearing the Record Afterward
Once you’ve successfully completed probation, you can petition the court to dismiss the conviction under Penal Code 1203.4. If granted, you withdraw your guilty plea and the case is dismissed. You can’t be currently serving a sentence, on probation, or facing new charges when you file.12California Legislative Information. California Code PEN 1203.4 – Dismissal of Accusation or Information
A dismissal under 1203.4 isn’t a full erasure. You still have to disclose the conviction when applying for public office or any state or local license, and a later criminal case can still use it against you.12California Legislative Information. California Code PEN 1203.4 – Dismissal of Accusation or Information For most private employers, though, a dismissed petty theft no longer needs to be disclosed on a job application, which is why the petition is worth filing as soon as you qualify.